Judgment Text

2026 M L D 798 [Gilgit-Baltistan Chief Court] Before Ali Baig, C.J Naeem Ahmed---Petitioner Versus The State---Respondent Criminal Miscellaneous Nos. 576 and 575 of 2025, decided on 12th December, 2025. Criminal Procedure Code (V of 1898)--- ----Ss. 173, 154 & 561-A---Penal Code (XLV of 1860), Ss. 324, 337-A, 337-F, 427, 160, 147, 148 & 34---Murderous assault---Quashing of FIR---Petitioner alleged that after the lapse of more than 12 years, challan of the cases had not been submitted by the prosecution, showing that prosecution had failed to collect sufficient material against the petitioner/accused to link him with alleged commission of offence, therefore, the said FIRs were liable to be quashed--- Admittedly FIR under Ss.148, 147, 160, 427, 337-F, 337-A, 324 & 34, P.P.C was registered at Police Station against the present petitioner/accused on 25-02-2013 and other FIR was registered under S.13 of Pakistan Arms Ordinance, 1965, against the petitioner/accused on 03-03-2013 at the instance of one Police Officer---Despite lapse of more than 12 years the registration of the said FIRs, the prosecution had failed to submit challan of the case of the petitioner/accused in the Court of competent jurisdiction for trial of the petitioner /accused, whereas under the provisions of S.173, Cr.P.C, the SHO concerned was duty bond to submit challan in the Court of competent jurisdiction within maximum 17 days of the recording of FIR, but the prosecution had miserably failed to comply with…